his sake then of bounden duty is required Whereas Christ saith plainly when ye have done all that are commanded to you say we be unprofitable Servants 15. Of Christ alone without sin Article 15 Christ in the truth of our Nature made like unto us in all things sin only excepted from which he was clearly void both in his Life and in his Spirit he came to be the Lamb without spot who by Sacrifice of himself once made should take away the sins of the World and sin as S. John saith was not in him but all we the the rest although Baptized and Born again in Christ yet offend in many things and if we say we have no sin we deceive our selves and the truth is not in us 16. Of sin after Baptism Article 16 Not every deadly sin willingly committed after Baptism is sin against the Holy-Ghost and unpardonable wherefore the grant of Repentance is not to be denied to such as fall into sin after Baptism after we have received the Holy Ghost we may depart from grace given and fall into sin and by the grace of God we may arise again and amend our Lives and therefore they are to be condemned which say they can no more sin as long as they live here or deny the place of forgiveness to such as truly Repent 17. Of Predestination and Election Article 17 Predestination to life is the everlasting purpose of God whereby before the foundations of the World were laid he hath constantly decreed by his Counsel secret to us to deliver from curse and damnation those whom he hath chosen in Christ out of Mankind and to bring them by Christ to everlasting Salvation as Vessels made to honour wherefore they which be indued with so excellent a Benefit of God be called according to God's purpose by his Spirit working in due season they through grace obey the calling they be justified freely they be made Sons of God by Adoption they be made like the Image of his only begotten Son Jesus Christ they walk Religiously in good Works and at length by God's mercy they attain to everlasting Felicity As the Godly consideration of Predestination and our Election in Christ is full of sweet pleasant and unspeakable Comfort to godly persons and such as feel in themselves the working of the Spirit of Christ mortifying the works of the Flesh and their earthly Members and drawing up their minds to high and heavenly things as well because it doth greatly establish and confirm their Faith of Eternal Salvation to be enjoyed through Christ as because it doth fervently kindle their Love towards God so for curious and carnal persons lacking the Spirit of Christ to have continually before their Eyes the Sentence of God's predestination is a most dangerous downfal whereby the Devil doth thrust them into desperation or into wretchlesness of most unclean Living no less perilo us than desperation Furthermore we must receive God's promises in such wise as they be generally set forth to us in Holy Scripture and in our doings that will of God is to be followed which we have expresly declared unto us in the word of God 18. Of obtaining Eternal Salvation only by the Name of Christ Article 18 They are also to be had accursed that presume to say that every man shall be saved by the Law or Sect which he professeth so that he be diligent to frame his Life according unto that Law and the light of Nature for Holy Scripture doth set out unto us only in the Name of Jesus Christ whereby men must be saved 19. Of the Church Article 19 The visible Church of Christ is a congregation of faithful men in the which the pure word of God is preached and Sacraments be duly Ministred according to Christ's Ordinance in all those things that of necessity are requisite to the same as the Church of Jerusalem Alexandria and Antioch hath erred so also the Church of Rome hath erred not only in their living and manner of Ceremonies but also in matter of Faith 20. Of the Authority of the Church Article 20 The Church hath power to decree Rites or Ceremonies and Authority in controversies of Faith and yet it is not lawful for the Church to ordain any thing that is contrary to God's word neither may it so expound one place of Scripture that it be repugnant to another wherefore although the Church be a witness and keeper of Holy writ yet as it ought not to decree any thing against the same so besides the same ought it not to inforce any thing to be believed for necessity of Salvation 21. Of the Authority of General Councils Article 21 General Councils may not be gathered together without the commandment and will of Princes and when they be gathered together for as much as they be an assembly of men whereof all be not governed with the Spirit and word of God they may err and some time have erred even in things pertaining unto God wherefore things ordained by them as necessary to Salvation have neither strength nor authority unless it may be declared that they be taken out of Holy Scripture 22. Of Purgatory Article 22 The Romish Doctrine concerning Purgatory Pardons Worshiping and Adoration as well of Images as of Reliques and also of Invocation of Saints is a fond thing vainly invented and grounded upon no warranty of Scripture but rather repugnant to the word of God 23. Of Ministring in the Congregation Article 23 It is not lawful for any man to take upon him the Office of publick preaching or ministring the Sacraments in the Congregation before he be lawfully called and sent to execute the same And those we ought to Judge lawfully called and sent which be chosen and called to this work by men who have publick Authority given unto them in the Congregation to call and send Ministers into the Lord's Vineyard 24. Of speaking in the Congregation in such a Tongue as the people understand not Article 24 It is a thing plainly repugnant to the word of God and the custome of the primitive Church to have publick Prayers in the Church or to Minister the Sacraments in a Tongue not understood of the people 25. Of the Sacraments Article 25 Sacraments ordained of Christ be not Badges or Tokens of Christian mens profession but rather they be certain sure Witnesses and effectual Signs of Grace and Gods good will toward us by which he doth work invisibly in us and not only quicken but also strengthen and confirm our Faith in him There be two Sacraments ordained of Christ our Lord in the Gospel that is to say Baptism and the Supper of the Lord those five commonly called Sacraments that is to say Confirmation Penance Orders Matrimony and extream Unction are not to be counted for Sacraments of the Gospel being such as have grown partly of the corrupt following of the Apostles partly as States of Life allowed in the Scriptures but yet have not like nature of Sacraments with
Baptism and the Lord's Supper for that they have not a visible sign or ceremony ordained of God the Sacraments were not ordained of Christ to be gazed upon or to be carried about but that we should duly use them And in such only as worthily receive them they have a wholsome effect or operation but they that receive them unworthily purchase to themselves damnation as Saint Paul saith 26. Of the Vnworthiness of the Ministers which hinder not the effect of the Sacraments Article 26 Although in the visible Church the evil be ever mingled with the good and sometime the evil have chief Authority in the Ministration of the Word and Sacramenes yet for as much as they doe not the same in their own Name but in Christ's and do Minister by his Commission and Authority we may use their Ministring both in hearing the Word of God and in the receiving of the Sacraments Neither is the effect of Christ's Ordinance taken away by their wickedness nor the grace of God's guifts diminished from such as by Faith and rightly do receive the Sacraments Ministred unto them which are effectual because of Christ's Institution and Promise although they be Ministred by evil Men. Nevertheless it appertaineth to the Discipline of the Church that inquiry be made of evil Ministers and that they be accused by those that have knowledge of their Offences and finally being found guilty by just judgment be deposed 27. Of Baptism Article 27 Baptism is not only a sign of Profession and mark of Defence whereby Christian Men are discerned from others that be not Christned but it is also a sign of Regeneration or new Birth whereby as by an Instrument they that receive Baptism rightly are grafted into the Church the Promises of the forgiveness of sin and of our Adoption to be the Sons of God by the Holy Ghost are visibly signed and sealed Faith is confirmed and Grace increased by virtue of Prayer unto God The Baptism of Young Children is in any wise to be retained in the Church as most agreeable with the Institution of Christ 28. Of the Supper of the Lord. Article 28 The Supper of the Lord is not only a sign of the Love that Christians ought to have among themselves one to another but rather it is a Sacrament of our Redemption by Christ's death Insomuch that to such as worthily and with Faith receive the same the Bread which we break is a partaking of the Body of Christ and likewise the Cup of Blessing is a partaking of the Blood of Christ Transubstantiation or the change of the substance of Bread and Wine in the Supper of the Lord cannot be proved by Holy Writ but it is repugnant to the plain Words of Scripture overthroweth the Nature of a Sacrament and hath given occasion to many superstitions The Body of Christ is given and taken and eaten in the Supper only after an Heavenly and Spiritual manner and the means whereby the Body of Christ is received and eaten in the Supper is Faith The Sacraments of the Lord's Supper were not by Christ's Ordinance reserved carried about lifted up or Worshipped 29. Of the wicked which do not eat the Body and Blood of Christ in the use of the Lord's Supper Article 29 The wicked and such as be void of a lively Faith although they do carnally and visibly press with their Teeth as S. Augustine saith the Sacrament of the Body and Blood of Christ yet in no wise are they partakers of Christ but rather to their Condemnation do eat and drink the Sign or Sacrament of so great a thing 30. Of both kinds Article 30 The Cup of the Lord is not to be denied to the Lay-people for both the parts of the Lord's Sacrament by Christ's Ordinance and Commandment ought to be Ministred to all Christian Men. 31. Of the one Oblation of Christ finished upon the Cross Article 31 The offering of Christ once made is that perfect Redemption Propitiation and Satisfaction for all the sins of the whole World both Original and Actual and there is none other satisfaction for sin but that alone wherefore the Sacrifices of Masses in the which it was commonly said that the Priests did offer Christ for the Quick and the Dead to have Remission of pain and guilt were blasphemous Fables and dangerous deceits 32. Of the Marriage of Priests Article 32 Bishops Priests and Deacons are not commanded by God's Law either to vow the Estate of single Life or to abstain from Marriage therefore it is Lawfull also for them as for all other Christian Men to Marry at their own discretion as they shall judge the same to serve better to godliness 33. Of Excommunicate Persons how they are to be avoided Article 33 That Person which by open Denunciation of the Church is rightly cut of from the Unity of the Church and Excommunicated ought to be taken of the whole multitude of the faithfull as an Heathen and Publican untill he be openly reconciled by Penance and received into the Church by a Judge that hath Authority thereto 34. Of the Traditions of the Church Article 34 It is not necessary that Traditions and Ceremonies be in all places one or utterly like for at all times they have been divers and changed according to the diversity of countries times and mens manners so that nothing be ordained against God's Word whoever through his private judgment willingly and purposely doth openly break the Traditions and Ceremonies of the Church which be not Repugnant to the Word of God and be ordained and approved by common Authority ought to be rebuked openly that other may fear to doe the like as he that offendeth against the common order of the Church and woundeth the consciences of the weak Brethren Every particular or National Church hath Authority to Ordain Change and Abolish Ceremonies or Rights of the Church Ordained onely by Man's Authority so that all things be done to Edifying 35. Of Homilies Article 35 The second Book of Homilies the several Titles whereof we have joyned under this Article doth contain a godly and wholesome Doctrine and necessary for these times as doth the former Book of Homilies which were set forth in the time of Edw. the sixth and therefore we judge them fit to be read in Churches by the Ministers diligently and distinctly that they may be understood of the People 36. Of Consecration of Bishops and Ministers Article 36 The Book of Consecration of Archbishops and Bishops and ordering of Priests and Deacons set forth in the time of Edward the sixth and confirmed at the same time by Authority of Parliament doth contain all things necessary to such Consecration and Ordering neither hath it any thing that of it self is superstitious and ungodly And therefore whosoever are Consecrated or ordered according to the Rites of that Book since the second Year of the aforenamed King Edward unto this time or hereafter shall be Consecrated or Ordered according to the same Rites We
THE Parson's Monitor Consisting of such CASES and MATTERS as principally concern the CLERGY Collected from the Statute and Common Laws as also the Constitutions and Canons Ecclesiastical Confirmed 1º Jac. Anno Dom. 1603. Together with the Articles of Religion Authority of the Convocation Privilege of Churches and Church-yards Payment of First-fruits and Tenths In whose Name and Style Ecclesiastical Courts are to be kept and the Process issuing out of the same are to run in and with what Seal to be sealed WITH Several other Matters never before Extant very material and necessary to be known by the CLERGY in general and all persons concerned either as PATRON or INCVMBENT Omnium Legum Inanis est Sensura nisi Divinae Legis imaginemgerit By G. MERITON Gent. LONDON Printed by the Assigns of Richard and Edw. Atkins Esquires for Richard Tonson within Grays-Inn-Gate next Grays-Inn-Lane 1681. To the Reverend CLERGY-MEN OF ENGLAND Worthy Sirs HAving alwaies had a great Honour and Esteem for Men of your Cloath being descended from a * Grandchild to Dr. George Meriton Dean of York in the time of Archbishop Mathew◠Clergy-Man my self I have often debated in my thoughts how I might lay out some part of that small Tallent which God hath blessed me withall to do you Service And calling to Mind that Old saying Ne Sutor ultra Crepidam I thought it would best become me to keep my self within the Limits of my own Sphear and so resolved to present you with some little necessary Collection of the Law relating to Clergy-Men and having perused Sir John Dodderidge's little Treatise called A compleat Parson Mr. Hughe's Parsons Law and Sir Simon Degg's Parsons Counsellor all relating to the Clergy I found many things therein so brief and intricate that I thought it well worth my time to inlarge and explain many of them and to add several other matters which they have not touched which I imagined would not only be delightsome to peruse but very beneficial to and worthy of the Clergy's knowledge So I have taken their works in pieces and framed a new Modell of my own and out of their works with some materials of my own I have reared this small New Edifice I know it will not pass without it's Censures for those Inconveniences which are not discernable upon the projecting of a Modell are easily discovered and obvious to the Eye after the House is built Although I have called this Treatise the Parson 's Monitor yet I know to the Graver sort it will appear to be no such thing They perhaps knowing as much if not more then they will find in this Collection and so cannot be meliorated thereby in their knowledge yet to the generallity of Clergy-Men I hope it may prove serviceable and not without it's use also to the other for though it bring nothing new to them yet I presume it mayprove Memoriae Amicus by continueing those things that are in Memory Retraxing those that are Elapsing and Retrieving the things that were vanished It is possible several Persons especially those who have known my Education will look upon this undertaking as a great piece of presumption in me that I who never had the Honour to assume any greater Title then a Practicer of the Common Law should publish this Treatise when such Learned Men in the Laws as those aforenamed have written upon the same Subject already To such Carpers my Answer is I desire they would not condemn me before they hear me speak for if they please but to give themselves the trouble to Peruse this little Collection though perhaps at the undertaking thereof they may propound to themselves that it will be time ill spent yet when they have done I hope they will not conclude it time lost for although they have the Books aforementioned and so think this useless yet possibly this may serve as a kind of Paralipomenon to the others for let me tell them that they will find several things inlarged here with Additions of several other matters which are not touched there for I have here brought in the Canons in force the Articles of Religion the Privilege of Churches and Church-yards the Statutes concerning First Fruits Tenths and Mortuaries the Authority of the Convocation and Privilege of the Clergy there and their menial Servants and several other matters which they will not meet with in the other Authors but put the Case I had medled with nothing but what they have taken notice of yet the same Dish dressed after another fashion often gives a fresh Appetite and for my own part I have found nothing more delightsome or gratefull to my Genius then to reade the same Case reported four or five times over in several Books for it is variety that makes a Feast But some perhaps will ask why I have not said something relating to Tythes in Answer to which I say that Sir Simon Degg hath taken such pains therein as little or nothing more can or need be said in that point and besides every Parson studies more to be his own Monitor in those things then in the particulars which I have here discoursed of although there be several digressions in this ensuing Treatise which may seem Heterogeneall to the things intended to be discoursed of yet they falling accidentally in my way I hope the Candid Reader will rather Pardon then Condemn me for incerting them for though at first they may appear perhaps Impolite yet upon second thoughts they will not I hope be adjudged altogether Impertinent my Intentions at the first undertaking of this Collection were honest and good and if the Book fail in the Effects I wish that any of the Clergy would be so kind as to inform me wherein I might be more serviceable to them that I might manifest to the World how ready and willing I am to be Reverend Sirs Your very humble Servant G. Meriton An Alphabetical Catalogue of the several Books and Authors consulted and made use of in this insuing Treatise A. ANderson's reports 1 part Anderson's reports 2 part Book of Articles of Religion B. Bendlowe's reports Boulstred's reports 1 2 and 3 part Bracton Britton Brooks grand Abridgment Bridgman's reports Brownlowe's reports 1 and 2 part C. Book of Canons Cook 's Institutes 1 2 3 and 4 part Cook 's reports 3 4 5 6 7. 9 10 11 Lib. Cook 's Entries Crook's reports 1 2 and 3 part D. Davis reports Degg's Parsons Counsellor Dyer's reports Doderidge compleat Parson Doctor and Student E. Edward the first Edward the third Edward the fourth F. Fitz. Natura Brevium Fleta G. Godbolts reports Godolphins Orphan's Legacy Gouldesborough's reports H. Henry the Third Henry the Fourth Henry the Fifth Henry the Sixth Henry the Seventh Henry the Eight Hetley's reports Hobart's reports Hughe's grand Abridgment 1 part Hughe's Parsons Law Hutton's reports I. Jones reports K. Kelloway's reports Keebles Statutes L. Latch's reports Leye's reports Leonards reports 1 2 3 and 4 part Liber Assisar Lind wood M.
containeth any thing in it that is Repugnant to the word of God or that they who are so made are not Lawfully made and Ordained they are to be Excommunicated ipso facto and not to be restored till they Repent and Publickly Revoke such wicked Errors Gan. 8. Also if any affirm that the King's The Penalty of such as Impugne the King's Supremacy c. Majesty hath not the same Authority in Causes Ecclesiastical that the godly Kings had amongst the Jews Or Impeach in any part his Regal Supremacy Or affirm that the Church of England by Law established under the King's Majesty is not a true and an Apostolical Church Or that the Form of God's Worship contained in the Book of Common-Prayer and Administration of Sacraments is Corrupt Superstitious and Unlawfull Or that any of the 39 Articles of Religion made in the Year 1562. are in any part Superstitious or Erronious Or that the Rites and Cerimonies established in the Church of England are wicked Antichristian or Superstitious Or that the Government of the Church of England under his Majesty by Archbishops Bishops Deans Archdeacons and the rest that bear Office in the same is Antichristian or Repugnant to the word of God they are also ipso facto to be Excommunicate and not to be restored till they Repent and Publickly a revoke such wicked Errors Can. 2 3 4 5 6 7. And if any affirm that such Ministers The punishment of such as affirm that such Ministers as refuse to subscribe to the form of God's Worship in the Church of England may take unto the Name of another Church c. as refuse to subscribe to the form of God's Worship in the Church of Engl. and their Adherents may take unto them the Name of another Church not established by Law or that they a long time groaned under the burthen of certain grievances imposed on them Or that there are other Assemblies of the King's Subjects within the Realm other then such as by the Laws of this Kingdom are held and allowed to be such who may rightly challenge to them selves the Name of true and Lawfull Churches Or that it is Lawfull for any Ministers or People to joyn together and make Constitutions in Causes Ecclesiastical without the King's Authority They are to suffer the like pain of Excommunication and not to be restored till Repentance and Publick Revocation of their Errors Can. 10 11 12. The punishment of these which affirm that the Sacred Synode of the Nation assembled by the King's Authority is not the 〈◊〉 Church by Representation Likewise if any affirm that the sacred Synode of the Nation assembled in the Name of Christ and by Authority of the King is not the true Church of England by Representation Or that none are bound by the Decrees of such Synode that are not present there themselves or do not agree to them Such Person so affirming is to be Excommunicate and not to be restored till he Repent and Publickly Revoke his Errors Can. 139. 140. How Ministers are to be Apparelled Note That all Ministers shall usually wear Gowns with standing Collers and Sleeves straight at the Hands or wide Sleeves as is used in the Universities and in their Journies they shall usually wear Cloaks with sleeves commonly called Priests Cloaks without Gards Welts long Buttons or Cuts and no Ecclesiastical Person shall wear any Coif or wrought night Cap but only plain night Cap of black Silk Satten or Velvet and in private Houses and in their Studies They may use any comely and Schollar-like Apparel provided it be not Cut or Pinkt and that in Publick they go not in their Dublet and Hose without Coats or Cassocks and also that they wear not any light coloured Stockins likewise Poor Beneficed-men and Curates not being able to Provide themselves long Gowns may go in short Gowns of the Fashion aforesaid Can. 74. Ecclesiastical Persons not to frequent Taverns or Ale-houses No Ecclesiastical Persons shall at any time other then for their honest necessities resort to any Taverns or Ale-houses neither shall they board or lodge in any such places Nor shall they give themselves to any base or servile labour or to drinking or riot spending their time idlely by Day or by Night Playing at Cards Diee or Tables or any other unlawfull Game But at all times convenient they shall hear or read somewhat of the Holy Scriptures or shall occupy themselves with some other honest study or exercise alwaies doing the things-that-shall appertain to Honestie and indeavouring to profit the Church of God having alwaies in mind that they ought to excell all other in purity of Life and should be Examples to the People to Live well and christianly under pain of Ecclesiastical Censures to be inflicted with severity according to the Qualities of their Offences Can. 75. Ministers not Relinquish their callings No man being admitted a Deacon or Minister shall voluntarily Relinquish the same nor afterwards use himself in the course of his Life as a Lay-man upon pein of Excommunication Can. 76. CHAP. II. What things are required both by the Laws of this Kingdom and the Canons in force to be observed and performed by Ministers upon and after their Admission Institution and Induction to a Living with some few things relating to the Convocation And lastly the King's Majestie 's Letters and Directions in the fourteenth year of his Reign to the Archbishop of Canterbury concerning the Clergy SUCH Person as is Qualified as the He who is presented to a Living must carry his Presentation to the Bishop c. Law requires and hopes to obtain a Living and is promised to be presented according to Law must in the first place get a Presentation from the right and undoubted Patron of the Church where he designs to be Parson the form of which Presentation see in the fifth Chapter and after such Presentation obtained he is within six Months after the Church becomes void by Death Creation or Cession of the last Incumbent to tender his Presentation to the Bishop of that Diocess within which the Church is or to his Vicar General or in the Vacation when there is no Bishop of such Diocess to the Guardian of the Spiritualities to whom the Law allows a reasonable time to Examine his Abilities for the Ordinary is not bound to dispatch him as soon as he goes but may appoint him a convenient time within the six Months to attend him for his Approbation Hob. Rep. f. 317. Hughe's Parson's Law cap. 11. 15. H. 7. 7. b. Examin del Incumbent deg cap. 2. Hughe's grand abridgm 1 part p. 134. Case 5. What Admission and Institution signifie And if the Bishop or Ordinary c. upon Examination of the Clerk find him capable and able he may then admit and Institute him Admission in propriety of Speech is when the Bishop finding the Clerk able saith admitto te habilem and Institution is when the Bishop saith
Jurisdiction Powers Superiorities and Authorities And do Promise that from henceforth I shall bear Faith and true Allegiance to the King's Highness his Heirs and Lawfull Successors And to my Power shall Assist and Defend all Jurisdiction Privileges Preeminences and Authorities granted or belonging to the King's Highness his Heirs and Successors or United and Annexed to the Imperial Crown of this Realm So help me God and the Contents of this Book 1. Eliz. cap. 1. The Penalty for refusing the Oath If any Person or Persons who shall be Promoted Preferred or Collated to any Spiritual Promotion or Ecclesiastical Benefice do Peremtorily refuse to take this Oath upon tender thereof then he or they so refusing shall presently be adjudged disabled in the Law to receive take or have the same Promotion Spiritual or Ecclesiastical to all Intents Constructions and Purposes 1 Eliz. cap. 1. and by the 5 Eliz. cap. 1. Refusal of the Oath upon the first tender being Indicted or Presented according to the Laws of the Realm within one Year after such refusal incurs the danger of a Premunire and if after the space of three Months after the first tender it be refused a second time upon tender such second refusal is High Treason and this second tender Principally concerns Ecclesiastical Persons 5 Eliz. cap. 1. The Penalty for extolling any foreign Power If any Person or Persons dwelling within this Kingdom or any other the King's Dominions shall by Writing Printing Teaching Preaching express words deed or act advisedly maliciously and directly affirm hold stand with set forth maintain or defend the Authority or Spiritual or Ecclesiastical Jurisdiction of any foreign Prelate or Person c. heretofore claimed or usurped within this Realm or other the King's Dominions or shall advisedly put in Ure or Execute any thing for the extolling c. any such pretended Power or Authority And being thereof Lawfully Convicted and Attainted for the first Offence forfeits all his Goods and Chattels real and Personal and if he be not worth twenty Pounds then to suffer a Years Imprisonment without Bail besides the forfeiture of such Goods and Chattels and shall also loose all his Spiritual Promotions and Dignities whatsoever and that the same shall be utterly void as if the Incumbent were Dead and the Patron c. may present de novo The second Offence Incurs the danger of a Premunire and the third Offence is High-Treason the Offences for Preaching Teaching or Words to be Indicted within the space of a Year next after such Offence committed and if any be Imprisoned for any of the said Offences of Preaching Teaching or Words and be not Indicted within half a Year after such Offence committed then to be set at Liberty two Witnesses or more to prove such Indictment and to be brought Face to Face upon the parties arraignment to give Evidence 1 Eliz. cap. 1. And if any Person or Persons shall The Penalty for defending the Authority of the Bishop of Rome by Writing Cyphering Printing Preaching or Teaching Deed or Act advisedly and willingly set forth c. or defend the Authority of the Bishop of Rome or of his See or any Bishop thereof heretofore claimed within this Kingdom or any other of his Majestie 's Dominions such Person or Persons so offending and their Abetters being Lawfully Indicted and presented for the same within One Year after and attainted at any time after shall for such First Offence incur the danger of a Premunire and for the Second Offence suffer such like Pains Forfeitures Judgments and Executions as for High Treason Corruption of Blood and Forfeiture of Dower excepted 5 Eliz. cap. 1. Note That in Hillary Term the 11 What shall be said an Offence within the 5 Eliz. Eliz. it was Resolved by the Justices of both Benches at Serjeants Inn in Fleet-street the Chief Baron being also present That if a Man imports Books over Sea written against the Supreamacy knowing the effect of them and utters them to any Subjects here he is within the compass of the stat 5 Eliz. cap. 1. but the Receivers of such Books if they in Conference of them do not allow them they are not within the said Statute but if they in Conference they do allow them then they are also within the Statute and so are they who hear the Contents and affirm them to be good The like of him who conveys the Books secretly to his Friends and perswades them to be of the same Opinion And so of them who Print and utter such Books within this Realm Also if such Books written within the Realm are conveyed out and are there bought read and Conference had upon them such Persons sending them out are within the Compass of the Statute Dyer f. 281. b. and 282 a. Ecclesiatstical Persons to take the Oath of Allegiance By the stat 7 Jac. cap. 6. every Archbishop and Bishop are to take the Oath of Allegiance set down in the 3 Jac. cap. 4. before the Lord Chancellor or Lord Keeper of the Great Seal for the time being and all Parsons Vicars and Curats and all other Spiritual Persons whatsoever taking Orders are to take the same Oath before the Bishop of the Diocess or other Ordinary in the same sitting in open Court the Tenure of which Oath followeth in these words viz. I. A. B. ' do truly and sincerely Acknowledge Consess Testifie and Declare in my Conscience before God and the World That our Sovereign Lord King Charles the Second is Lawfull and Rightfull King of this Realm and of all other his Majestie 's Dominions and Countries And that the Pope neither of himself nor by any Authority of the Church or See of Rome or by any other means with any other hath any power or Authority to depose the King or to depose any of his Majestie 's Kingdoms or Dominions or to Authorise any Foreign Prince to invade or anoy him or his Countries or to discharge any of his Subjects of their Allegiance and Obedience to his Majesty or to give Licence or leave to any of them to bear Arms raise Tumult or to offer any violence or hurt to his Majestie 's Royal Person State or Government or to any of his Majestie 's Subjects within his Majestie 's Dominions Also I do swear from my Heart that notwithstanding any Declaration or Sentence of Excommunicationâ— or Deprivation made or granted or to be made or granted by the Pope or his Successors or by any Authority derived or pretended to be derived from him or his See against the said King his Heirs or Successors or any Absolution of the said Subjects from their Obedience I will bear Faith and true Allegiance to his Majesty his Heirs and Successors and him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against his or their Persons their Crown and Dignity by reason or colour of any such Sentence or Declaration or otherwise
year upon some Sunday after Evening-Prayer to reade in their Parish Churches the Statute of the 20 Jac. cap. 20. against prophane cursing and swearing and once every year upon some Sunday or Holyday in the Afternoon before Divine Service they are to reade the Book of Canons agreed upon in the Synod begun at London Anno Dom. 1603. and every Minister every year in his Church the Sunday next before the 29 day of May at Morning-Prayer is to reade the Statute of the 12 Car. 2. cap. 14. Ministers before their Sermons Lectures What Order Ministers are to observe in their Prayer before their Sermons c. and Homilies are to Pray first for the Holy Catholick-Church of Christ through the whole World and especially for the Churches of England Scotland and Ireland then for the King Queen and Royal Family next for all Arch-Bishops Bishops and other Pastors and Curates of God's Holy Word and Sacraments then for the King's Privy-Council and all the Nobility and Magistrates of his Realm and for the Commons that they may live in true Faith and fear of God in humble Obedience to the King and Brotherly Charity one to another and lastly they must praise God for all those who have departed out of this Life in the Faith of Christ and must pray to God that we by Grace may learn to follow their Good Example that after this Life ended we may be partakers with them of the Glorious Resurrection of the Life Everlasting and must always conclude with the Lord's Prayer Can. 55. The Supream Ecclesiastical power in the King Note That the King hath the Supream Ecclesiastical Power in him as it hath been held and agreed and may without Parliament make Orders and Constitutions for the Government of the Clergy and may deprive them if they obey not and they can make no Canons or Constitutions without his Assent Cro. Jac. f. 37. Mo. Rep. f. 155. pl. 1043. and Vaugh. Rep. f. 329. The power of the Convecations But some Clergy-men seem to think and others do not stick to say that no Orders or Constitutions can be made to bind them but what are agreed upon in the Convocations of the Clergy therefore I think it will not be amiss to insert here the Authority of the Convocation as my Lord Coke sets it down in his fourth part of his Institutes which take as followeth he saith it is called Convocation a Convocando because they are called together by the King 's Writ and their Authority being never assembled together but by the King 's Writ was to deal with Heresies Schisms and other meer Spiritual and Ecclesiastical Causes and therein they did proceed juxta Legem Divinam Canones Sanctae Ecclesiae and as they could never assemble but by the King 's Writ so they were oftentimes commanded by the King 's Writ to deal with nothing that concerned the King's Laws of the Land his Crown and Dignity his Person or his State or the State of his Council or Kingdom and so whatsoever Act is done in the Convocation is under the Power and Authority of the King but not è contra what he doth under them see the King's Letters in the conclusion of this Chapter vide Co. Inst 4 part f. 322. 26 H. 6. 13. and 21 Eliz. 4. f. 45. a. p. Vavasour and f. 45. 6 p. Starkey and Brown and Rolls Cases 1 p. f. No Canons to be made in the Convocation without the King's Licence And the Lord Coke saith further that the King did often appoint Commissioners by writ to sit with them at the Convocation and to have Conusance of such things as they meant to establish that nothing should be done in prejudice ut supra And therefore the Statute of 25 H. 8 cap. 19. whereby it is provided that no Canons Constitutions or Ordinance should be made or put in Execution within this Realm by Authority of the Convocation of the Clergy which were contrariant or repugnant to the King's Prerogative Royal or the Customes Laws or Statutes of this Realm is but declaratory of the old Common-Law but by the said Act their Jurisdiction and Power is much lestned concerning making of new Canons for they must have both Licence to make them and after they be made they must have the King 's Royal Assent to the allowance thereof before they be put in Execution 25 H. 8. cap. 19. Co. Inst 4 part f. 323. The King's Letters of direction to the Archbishop of Canterbury concerning the Clergy The King's Majesty in his Letters and Directions to the Archbishop of Canterbury dated the fourteenth Year of his now Majestie 's Reign in the Month of October declares there to this effect First That no Preachers in their Sermons shall presume to meddle with matters of State to modell new Governments or take upon them to Declare Limit or bound out the Authority and Power of Sovereign Princes or to State and Determine the difference between Princes and People but that as they have occasion they Faithfully tell the People of their duty of Subjection and Obedience to their Governors Superior and Subordinate of all sorts and to the established Laws according to the Word of God and the Doctrine of the Church of England as it is contained in the Homilies of Obedience and Articles of Religion set forth by publick Authority Secondly That they spend not their time in the search of speculative and abstruse Notions especially in and about the deep points of Election and Reprobation the Incomprehensible manner of the Concurrence of God's free Grace and Man's free Will and such Controversies as depend thereon And that however they do not presume possitively and doctrinaly to determine any thing concerning the same Thirdly That they forbear in their Sermons ordinarily and causelesly to enter upon the handling of any other Controversies of less moment and difficulty And when occasionally they be invited by their Text or Auditory to fall into them that they doe it with all Modesty Gravity and Candor asserting the Doctrine and Discipline of the Church of England from the Cavils and Objections of such as are Adversaries to either without bitterness railing jeering or other unnecessary or unseemly Provocation Fourthly That they Catechise the Younger sort according to the Book of Common-Prayer and in their ordinary Sermons do chiefly insist upon Catechistical Doctrines containing the necessary Truths of Christian Religion and setting forth withall what Influence such Doctrine ought to have in their Lives and Conversations and stirring up the People by their Lives and Doctrine to the practice of such Religious and Moral duties as are the proper result of the said Doctrines as Self-denyal Contempt of the World Humility Patience Meekness Temperance Justice Mercy Obedience and the like and to hate and shun sin especially the sins so rife and common amongst us and more especially those usually called the seven deadly sins and all kind of Debauchery Sensuality Rebellion Prophaneness Atheisin
one be taken away by the Parson or any other the Heir or Executors of the party buried shall sue for them 9 E. 4. 14. a. Lady Wyche Case vide 10 H. 4. 9. 21 H. 7. 21. 11 H. 4. 12. 27 H. 3. Prohibition 26. 31 H. 4 12. F. N. B. 9 R. and see Co. Inst 3 part f. 202. M. 10 Jac. C. B. Corven and Pym's Case A Bell hung in the Steeple or Pew set in the Church cannot be removed by the party If a Man buy a Bell and hang it up in the Church Steeple or make a Pew and set it up in the Church though he makes neither words nor writing thereof yet by this the Bell and Pew are so dedicated to the Church that the party that did owe them can never have them again for if they should come to remove them the Church-Wardens might sue them for it 8 H. 7. 12. 10 H. 4. 9. vide Ritchin p. 277. a. Church-Wardens to sue for Organs taken away If the Organs be taken out of the Church the Church-Wardens may have an action of Trespass for the same for the Organs belong to the Parishioners and not to the Parson and therefore the Parson cannot sue such party in the Ecclesiastical Court that took them Tr. 21 Jac. B. R. per curiam Roll's Cases 1 part f. 393. Trees in the Church-Yard belong to the Parson All Trees growing in Church-yards belong to the Ministers but they are not to presume to cut them or fell them down unadvisedly but when the Chancell of the Church doth want necessary Reparations and they are not to be converted to any other use except the Body of the Church doth need like repair and my Lord Cook saith meliorem conditionem Ecclesiae facere potest praelatus deteriorem nequaquam vide stat ne rectores prosternant arbores in Coemiterio 35 E. 1. Co. Rep. 11. Lib. f. 49. b. vide M. 13 Jac. B. R. Bellamie's Case Roll's Rep. 1 part f. 255. pl. 23. No Fairs or Markets to be kept in Church-yards By the Statute of Winchester it is provided that neither Fairs nor Markets be kept in Church-yards for the Honour of the Church stat Winchester made at Westminster 13 E. 1. and he that doth keep any Fair or Market there may be fined for it Lamb. 419. By whom Churches are to be repaired And note that the Body of the Church is to be repaired at the charge of the owners of Houses and Lands in the Parish for that it is the place where Divine Service is Celebrated and the Bodies of the Parishioners of the best sort and quality are buried in respect whereof the Law doth allow the Ecclesiastical Court to have Conusance thereof and for the providing decent Ornaments for the Celebration of Divine Service they are also to repair such publick Chapels as are annexed to the Church but not the private Chapel of any though annexed to the Church for that must be repaired by him that hath the proper use of it for qui sentit commodum sentire debet onus circumspecte agatis 13 E. 1. Co. Inst 2 part f. 489. F. N. B. 50. N. Regist f. 44. b. Brit. f. 11. vide M. 31 32 Eliz. B. R. Jeffery and Rensly and Foster's Case Co. Rep. 5. Lib. f. 66. and P. 41 Eliz. B. R. Paget and Crumpton's Case Cro. Eliz. f. 659. pl. 5. By whom the Church-yard is to be inclâ—sed The Parishioners are also to repair the Inclosure of the Church-yard because the Bodies of the common sort are buried there and for the preservation of the Burials of those that were or should have been whilst they lived the Temples of the Holy Ghost and Coemeterium is derived of the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Dormio and therefore Coemeterium est quasi Dormitorium quia mortui Dormire dicuntur usque ad Resurrectionem And also if the Church-yard be not decently Inclosed the Church which is Domus Dei cannot decently be kept and therefore this the Parishioners ought to do per consuetudinem notoriam approbatam and the Conusance thereof is allowed by the 13 E. 1 stat circumspecte agatis Co. Inst 2 part f. 489. Regist 44. b. Brit. f. 11. vide Jeffery and Rensly and Foster's Case M. 31 32 Eliz. B. R. Co. Rep. 5 Lib. f. 66. and P. 41 Eliz. B. R. Paget's Case there cited f. 67. b. What things are to be provided by the Church-Wards The Church-Wardens or Questmen of every Parish are at the Parish charge to provide the great Bible for every Church and Chapel with the Book of Common-Prayer and Books of Homilies a Font of stone for publick Christning with a decent Communion Table which is to be covered in time of Divine Service with a Carpet of Silk or other decent stuff and with a fair Linnen Cloth at the time of the Communion and the ten Commandemens to be set upon the East end of the Church or Chapel where the People may best see and reade them and other chosen sentences to be written upon the Walls of the said Churches and Chapels and a decent Pulpit is also to be set in a convenient place therein with a Chest for Alms having a hole in the upper part thereof and three Kayes one to remain with the Parson Vicar or Curate and the other two with the Church-Wardens they are also to take care that the Church Windows from time to time be well Glased and that the Floors be kept paved plain and even without dust or any noysome or unseemly thing and to take care that the Church-yard be sufficiently repaired and fenced with Walls Rails or Pales according to the Custom at their charges who by Law ought to repair the same and they are also to see that the peace be well kept at every meeting of the Congregation and that Persons Excommunicated and so denounced be kept out of the Church and they are not to suffer any Plays Feasts Banquets Suppers Church-Ales Drinkings Temporal Courts or Leets Lay-Juries Musters or any other prophane usage to be kept in the Church Chapel or Church-yard nor the Bells to be rung superstitiously on Holy-days or Eves abrogated by the Book of Common-Prayer and all those who have Authority to hold Ecclesiastical Visitations shall either in Person or by Substitute survey the Churches of their Jurisdiction once every three Years to see if all things be in good repair Can. 80 81 82 83 84 85 86 88. If any Person whatsoever shall by words only Quarrel Chide or Brawl The punishment for quarrelling or fighting in Church or Church-yard in any Church or Church-yard the Ordinary upon Proof of two Lawfull Witnesses if he be a Lay-man may suspend him ab ingressu Ecclesiae and if a Clergy Man from the Ministration of his Office for so long time as the Ordinary thinks meet according to the fault And if any Person or Persons whatsoever shall
if the Patient remove by advice of his Physitian bona fide for better Air and for the recovery of his health Co. Rep. 6 Lib. f. 21. b. Martin's Case M. 10 Jac. B. R. Boulstr Rep. 2 part f. 18. Who excusable for non residence by the Canon I shall now set down what is required by the Canons in force concerning Dispensations and non residence and first it is said no Licence or Dispensation for the keeping of more Benefices with cure than one shall be granted to any but such only as shall be thought very well worthy for his learning and very well able and sufficient to discharge his duty that is who shall have taken the degree of Master of Arts at the least in one of the Universities of this Realm and be publick and sufficent Preacher Licensed provided alwaies that he be by a good and sufficient caution bound to make his personal residence in each of his said Benefices for some reasonable time in every Year and that the said Benefices be not more than thirty miles distance asunder and lastly that he have under him in the Benefice where he doth not reside a preacher Lawfully allowed that is able sufficiently to teach and instruct the People Can. 41. Every Dean Master or Warden or Chief Governour of any Cathedral or Deans c. to keep residence Collegiate Church shall be resident in his said Cathedral or Collegiate Church fourscore an ten days conjunctim or divisim in every Year at the least and then shall continue there in Preaching the Word of God and keeping good Hospitality except he shall be otherwise let with weighty and urgent causes to be approved by the Bishop of the Diocess or in any other Lawfull sort dispensed with and when he is present he with the rest of the Canons or Prebendaries resident shall take special care that the Statutes and laudable customs of their Church not being contrary to the Word of God or Prerogative Royal the Statutes of this Realm being in force concerning Ecclesiastical Order and all other Constitutions now set forth and confirmed by his Majestie 's Authority and such as shall be enjoyned by the Bishop of the Diocess in his visitation according to the Statutes and customs of the same Church or the Ecclesiastical Laws of this Realm be diligently observed and that the petty Canons Vicars Coral and other Ministers of their Church be urged to study the Holy Scriptures and every one of them to have the New Testament not only in English but also in Latin Can. 42. No Prebendaries nor Canons in Cathedral or Collegiate Churches having Residence required in Prebendaries c. one or more Benefices with cure and not being residentiary in the same Cathedral or Collegiate Churches shall under colour of their said Prebends absent themselves from their Benefices with cure above the space of one Month in the Year unless it be for some urgent cause and certain time to be allowed by the Bishop of the Diocess And such of the said Canons and Prebendaries as by the Ordinances of the said Cathedral and Collegiate Churches doe stand bound to be resident in the same shall so among themselves sort and proportion the times of the Year concerning residence to be kept in the said Churches as that some of them alwaies shall be personally resident there And that all those who be or shall be residentiaries in any Cathedral or Collegiate Church shall after the dayes of their Residence appointed by their Local Statutes or Customs expired presently repair to their Benefices or some one of them or to some other Charge where the Law requireth their presence there to discharge their duties according to the Law in that Case provided And the Bishop of the Diocess shall see the same be duly performed and put in Execution Can. 44. CHAP. VII Of the Oath which every Minister is to take before his Institution to a Living against Simony with a Recital of the Statute and some few Cases concerning the same Symony INtending in this Chapter to Treat of the detestable sin of Simony as the Canon calls it I shall first give you the derivation of the word as the Lord Cook defines it then shew you what the Canon saith concerning it and how the Parliament of England in the 31 of Queen Elizabeth hath taken care to prevent it and lastly the Book Cases upon it The Derivation of the word Simonia est vox Ecclesiastica à Simone illo Mago deducta qui donum Spiritus Sancti pecuniis emi putavit but this derivation of the word is thought by some to be most properly applicable to such as corruptly give Monies to get into Orders and not to such as give Monies to be Presented to a Living vide C. Inst 3. part f. 153. The Oath against it To avoid the detestable sin of Simony because buying and selling of Spiritual and Ecclesiastical Functions Offices Promotions Dignities and Livings is execrable before God therefore the Archbishop and all and every Bishop or Bishops or any other Person or Persons having Authority to Admit Institute Collate Install or to Confirm the Election of any Arch-bishop Bishop or other Person or Persons to any Spiritual or Ecclesiastical Function Dignity Promotion Title Office Jurisdiction Place or Benefice with Cure or without Cure or to any Ecclesiastical Living whatsoever shall before every such Admission Institution Collation Installation or Confirmation of Election Respectively Minister to every Person hereafter to be Admitted c. the Oath in manner and form following the same to be taken by every one whom it concerneth in his own Person and not by Procter I N. N. do Swear that I have made no Simoniacal Payment Contract or Promise directly or indirectly by my self or by any other to my knowledge or with my Consent to any Person or Persons whatsoever for or concerning the procuring and obtaining of this Ecclesiastical Dignity Place Preferment Office or Living respectively and particularly naming the same whereunto he is to be Admitted Instituted Collated Installed or Confirmed nor will at any time hereafter perform or satisfie any such kind of Payment Contract or Promise made by any other without my knowledge or consent so help me God through Jesus Christ Can. 40. The Penalty of Symoniacal Contraâ—is By the 31. Eliz. it is Enacted That if any Person or Persons Bodies Politick and Corporate shall or do for any Sum of Money Reward Gift Profit or Benefit directly or indirectly or for or by reason of any Promise Agreement Grant Bond Covenant or other Assurance of or for any Sum of Money Reward Gift Profit or Benefit whatsoever directly or indirectly Present or Collate any Person to any Benefice with Cure of Souls Dignity Prebend or Living Ecclesiastical or give or bestow the same for or in respect of any such corrupt cause or consideration That then every such Presentation Collation Gift and Bestowing and every Admission Institution
Rule they go by in the First Fruits Office was made after the Popes Authority was denyed here in England vide Co. Inst 3. part f. 154. CHAP. VIII Of the First Fruits Tenths Dilapidations and Mortuaries Court of the First Fruits dissolved OBserve that in the time of H. 8. when the First Fruits were annexed to the Crown there was a Court of First Fruits and Tenths instituted and appointed by the 32 H. 8. cap. 45. consisting of a Chancellor Treasurer King's Attorney two Auditors and two Clerks a Messinger and an Usher with Authority given to Compound for First Fruits and that Bonds taken therefore should be of the force of a Statute Staple but this Court was Dissolved by Queen Mary 1. Mar. 2. Sess cap. 10. and all the Clergy Exonerated and Discharged from the payment of First Fruits and Tenths given to the Crown by the 26 H. 8. cap. 3. and this was Enacted by 2. 3. p. M. cap. 4. First Fruits Restâ—â—ed to the Crown But afterwards the Stat. 26 H. 8. cap. 3. was revived and First Fruits and Tenths of the Clergy Reunited to the Crown by 1 Eliz. cap. 4. but no Court is revived but First Fruits and Tenths to be within the Rule Survey and Government of the Exchequer and a new Office and Officer was Created viz. a Remembrancer of the First Fruits and Tenths of the Clergy who taketh all Compositions for the First Fruits and Tenths and makes process against such as pay not the same and note that the First Fruits are the profits for one whole year of every Spiritual Living after Avoidance except Vicarages not exceeding Ten pounds and Parsonages not exceeding Ten Marks in the King's Books according to the Taxation made in the 26 H. 8. and now remaining in the Exchequer but all are to pay Tenths 1 Eliz. cap. 4. Co. Inst 4. part f. 120. First Fâ—â—iâ—s given to â—â—e King By the Stat. 26 H. 8. it is Enacted that the King's Highness His Heirs â—nd Successors Kings of England shall have and enjoy from time to time to endure for ever of every such Person and Persons as shall be Nominated Elected Preferred Presented Collated or by any other means appointed to have any Arch-bishoprick Bishoprick College Hospital Arch deaconry Deanry Provost-ship Prebend Parsonage Vicarage or other Dignity Benefice Office or Promotion Spiritual within this Realm or elsewhere within any of the King's Dominions of what Name Nature or Quality soever they be or to whose Foundation Patronage or Gift soever they belong the First Fruits Revenues and Profits for one year of every such Arch-bishoprick Bishoprick c. And that every such Person and Persons before any Actual or Real possession or medling with the Profits thereof shall satisfie content and pay or compound or agree to pay to the King's use at reasonable dayes upon good Suerties the said First Fruits and Profits for one year and all Writings Obligatory taken or the payment of the same by any Person deputed to Compound for the First Fruits shall be of the same strength quality and force to all Iâ—â—â—nts as Writings Obligatory made by any Lay Person by Authority of the Sâ—atute Staple And if any Person or Persons 〈…〉 said do enter into the â—eaâ— and 〈…〉 of any of the 〈…〉 aforesaid 〈…〉 thereof 〈…〉 he First Fruits or compounded and given Suerties as aforesaid to pay the same Then every such Person so offending and being Convicted by Presentment Verdict Confession or Witnesses before such as have Authority to Compound the same shall be taken as an Intruder upon the King's Possession and they their Heirs Executors or Administrators shall pay double the value of the said First Fruits and Profits of such Dignity c. wherein they shall so enter before Payment or Agreement for the same but Arch-bishops and Bishops and all other having Ordinary Jurisdiction may give and deliver Letters of Institution and Induction as they might do before the making of the said Act notwithstanding the same 26 H. 8. cap. 3. Tenths given to the King And it is also further Enacted by the said Statute that there shall be paid yearly for ever to the King His Heirs and Successors one yearly Rent or Pension amounting to the value of the Tenth part of the Profits of all and every Benefice or Promotion Spiritual c. as abovesaid according to the Taxation in the King's Exchequer aforesaid to be paid yearly befoâ—◠〈◊〉 first day of April and every Arch-bishop and Bishop within their proper Diocess as well within places exempt as not exempt and in time of Vacation the Dean and Chapter of the Cathedral Church shall Collect and Receive the same and pay in the said Sums yearly before the last day of May 7 E. 6. cap. 4. to such Persons as have Authority to receive the same And every of the said Arch-bishops and Bishops their Executors and Administrators and Possessions of their Dignities and Churches shall stand Charged and Chargable for the same Sums of Money which they shall Collect and Receive of the said yearly Rent or Pension and the Bishop of Norwich and his Successors and in the time of Vacation the Dean and Chapter of the Cathedral Church of Norwich are to gather the same within that Diocess by the Statute 32 H. 8. cap. 47. and the Rents and Pensions reserved by H. 8. out of the Five new Bishopricks Established by him to wit Chester Glocester Peterborough Bristol and Oxford which by the 34 and 35 H. 8. c. 17. were to be paid into the Court of First Fruits and Tenths are made payable by the 1 Eliz. to the same Persons who receive the First Fruits and Tenths of the other Clergy 1 Eliz. c. 4. Process to be made out for non-payment of Tenths And by the 26 H. 8. cap. 3. It is further Enacted That the Treasurer Chancellor and Barons of the King's Exchequer shall yearly cause Process to be made by their Discretions for Non payment of the Tenths or any part thereof against every Arch-bishop and Bishop of this Realm for so much as the Dignities Benefices c. within their several Diocesses are Taxed and Charged at every of the said Arch-bishops and Bishops to be Charged only for so much as is within his own Diocess And the Arch-bishops and Bishops have Power and Authority by the said Act to levy take and perceive by Authority of Censures of the Church or by Distress or otherwise by their Discretion all such Sums of Money as are Rated for the said Tenths upon the Lands Tenements Profits c. of all such Spiritual Promotions as aforesaid within their Diocess And no Replevin Prohibition nor Supersedeas upon any Excommunication nor any other Writ or Impediment shall be Sued Allowed or Obeyed for any Person or Persons making default of payment of such part and portion as they shall be Rated at till such time as they have truly satisfied their said Part and Portion And in Case where
if a Spiritual Person without Fraud or Covin do buy any Horses Mares or Mules for himself or Servants to ride about their necessary business or any other Cattel or Goods to be imployed and put in and about his necessary apparel of his own House or of his Person or Servants or in for or about the occupying manuring or tillage of his Glebe or Demesn Lands annexed to his Church or for the expenses of his Household keeping and after such buying they prove not for the purposes they were bought for then such Spiritual Person may Lawfully bargain and put away the same And it is further provided that every Spiritual Person not having sufficient Glebe or Demesn Lands in their own Hands in right of their Churches for Pasturage of Cattel or for increase of Corn for expences of their Households or for their Carriages or Journies may Farm other Lands and buy and sell Corn and Cattel for the only manuring tillage and pasturage of such Farms so that the increase thereof be alway imployed and put to and for the only expences in their Households and Hospitalities and not in any wise to buy and sell again for any other Commodity Lucre or Advantage any Corn or Cattel renewing coming or growing in and upon any such Farm or otherwise but only the Remainer and Overplus above their expences of their Household if any such shall happen to be bread and increase thereof without Fraud and Covin 21 H. 8. cap. 13. And it is further enacted that no The Penalty for kâ—â—â—iâ—g Tâ—â—â—â—â—use or Brew-house Spiritual Person Beneficed with cure of Souls shall occupy by himself or any to his use any Parsonage or Vicarage in Farm of the Lease or Grant of any Person or Persons nor take any Profit or Rent out of any such Farm upon pein to forfeit forty shillings a Week and ten times the value of the Rent or Profit he shall take out of such Farm And it is further enacted that no Spiritual Person of what degree or condition soever he be shall have use or keep by himself or any to his use any manner of Tan-house or Tanhouses Brew-house or Brew-houses to any other use intent or purpose then only to be spent and occupied in his or their own Houses upon pein to forfeit ten pounds a Month one Moiety to the King and the other to the Informer to be sued for as aforesaid 21 H. 8. cap. 13. They may Farm Houses c. But note it is provided by the said Statute that it may be Lawfull to every Spiritual Person or Persons to take in Farm any Messes Mansions or dwelling Houses having but only Orchards or Gardens in any City Borough and Town for their own habitation and dwelling so that no Person Spiritual other then such as are Licenced and allowed by Law have any Liberty of non residence by colour of the said Proviso 21 H. 8. cap. 13. An Information was exhibited against two Parsons upon the Statute 21 H. 8. against one of them for non residence and against the other for taking of a Farm and one of them pleaded sickness and that by advice of his Physicians he removed into better Air for recovery of his health and the other pleaded that he took the Farm only for the maintenance of his House and Family and these Pleas were held justifiable by the whole Court M. 10 Jac. I. S. Plaintiff against Martin and Gunnistone Boulstr Rep. 2 part f. 18. Priests c. punishable for incontinence In the 1 H. 7. I find a Statute in the Printed Books of Statutes put forth by Rastal Poulton and Keeble and not any where repealed that I can find so I suppose it is still in force and power by which Statute it is enacted that it shall be Lawfull to all Archbishops and Bishops and other Ordinaries having Episcopal Jurisdiction to punish and chastise Priests Clerks and Religious Men being within the bounds of their Jurisdiction as shall be convicted afore them by Examination and other Lawfull proof requisite by the Law of the Church of Advowtry Fornication Incest or any other fleshly incontinence by committing them to Ward and Prison there to abide for such time as shall be thought by their discretions convenient for the quality and quantity of their Trespass and none of the said Archbishops Bishops or other Ordinaries aforesaid shall be thereof chargeable to or upon any Action of false or wrongfull Imprisonment but that they be utterly thereof discharged in any of the Cases aforesaid by virtâ—â— of the said Act 1 H. 7. cap. 4. All Citations c. to be in the King 's Namâ— In the 1 E. 6. cap. 2. it is said that whereas the Archbishops and Bishops and other Spiritual Persons in this Realm do use to make and send out their Summons Citations and other Process in their own Names and in such Form and manner as was used in the time of the usurped power of the Bishop of Rome contrary to the Form and Order of the Summons and Process of the Common Law used in this Realm seeing that all Authority of Jurisdiction Spiritual and Temporal is derived and deducted from the King's Majesty as Supream Head of these Churches and Realms of England and Ireland and so justly acknowledged by the Clergy of the said Realms that all Courts Ecclesiastical within the said two Realms be kept by no other Power or Authority either forreign or within the Realm but by the Authority of his most excellent Majesty it is therefore enacted that all Summons and Citations or other Process Ecclesiastical in all Suits and Causes of Instance betwixt party and party and all Causes of Correction and all Causes of Bastardy oâ— Bigamy or Jure Patronatus Probates of Testaments and Commissions of Administrations of Persons deceased and all acquittances of and upon accounts made by the Executors Administrators or Collectors of Goods of any Dead Person be from the first Day of July then next following made in the Name and with the Stile of the King as it is in Writs Original or Judicial at the Common Law and that the Test thereof be in the Name of the Archbishop or Bishop or other having Ecclesiastical Jurisdiction who hath the Commission and Grant of the Authority Ecclesiastical immediately from the King's Highness and his Commissary Official or Substitute exerciseing Jurisdiction under him shall put his Name in the Citation or Process after the Test â—1 E. 6. câ—p 2. The King'â— Arms c. to be put in the Seals of Office c. And it is further enacted that all manner of Person or Persons who have the Exercise of Ecclesiastical Jurisdiction shall have expressed in their Seals of Office the King's Highness Arms decently set with certain Characters under the Arms for the knowledge of the Diocese and shall use no other Seal of Jurisdiction but wherein his Majestie 's Arms be Ingraven upon pein that if any Person shall use Ecclesiastical